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Last Topic - Difference between State and Nation

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Presentation on theme: "Last Topic - Difference between State and Nation"— Presentation transcript:

1 Last Topic - Difference between State and Nation

2 Administrative Adjudication
Characters of Administrative Agency Role of Administrative Tribunals Difference of Administrative Tribunals from Regular Courts Advantages of Administrative Tribunals Disadvantages of Administrative Tribunals Examples of Administrative Tribunals in Pakistan

3 Administrative …… Administrative Adjudication is a process which an administrative agency follows before rule making or hearing and settling a judicial procedure. Rule making involves the formulation of guidelines or rules for person governed by the agency

4 Administrative …… Administrative agencies created by the Constitution, and local lawmaking bodies manage emergencies, restore serious social problems, and manage complex matters of governmental concern

5 Administrative agency actions can be categorized as one of three types
1.  Rulemaking 2.  Adjudication 3.  Investigation

6 Administrative agency ……
1.  Rulemaking Administrative agencies use rulemaking process to create, or declare regulations.  Generally, legislature makes laws based on the policy mandates of the government

7 Administrative agency ……
When administrative agencies make rules they are to be made flexible, because new data and technology that influence the rules emerge frequently

8 Administrative agency ……
Administrative agencies’ rulemaking power is subject to judicial review.  Hence the agencies actions should be in accordance with its enabling statutes

9 Administrative agency ……
2 .  Adjudication Administrative adjudication is exercise of judicial powers by an administrative agency.  Legislative body delegates judicial powers to the agency

10 Administrative agency ……
Administrative agencies deal with disputes between individuals and government in terms of benefits sought or disabilities incurred from the government action

11 Administrative agency ……
Administrative law judge makes a decision based on reasoned analysis, written findings of fact, and conclusions of law

12 Administrative agency ……
3.  Investigation Administrative agencies have power to conduct investigations. Parliament may empower administrative agencies to obtain information on activities which can be regulated by federal legislation

13 Administrative agency ……
Investigations by administrative agencies are proceedings to obtain information to govern future action.  In such proceedings, action is not taken against anyone

14 Administrative agency ……
Administrative agency can issue subpoena requiring a witness to appear and to testify, and also to produce any books, papers, or other documents relevant to the investigation

15 Role of Administrative Tribunals
Disputes are settled by administrative tribunals or administrative courts. Just like a regular court, administrative tribunals hear both parties to the dispute, examine the evidence, and pronounce decisions

16 Role of ..…… However, administrative tribunals or courts are not considered to be part of the ‘judiciary.’ Because;

17 Role of ..…… The government has three vital organs to ensure its smooth functioning, namely: The legislature The executive The judiciary to work perfectly

18 Role of ..…… The relevance of the judiciary is that when there are any crimes that are committed or if there are any disputes about rights, duties, responsibilities or a question of law that arises, the judiciary interprets the law and delivers a judgment to settle the dispute

19 Administrative Tribunals are Different from Regular Courts
A slight difference in the approach of administrative courts is that they do not follow the principles of law and evidence but they follow the principles of natural justice

20 Administrative Tribunals…….
Administrative courts in Pakistan are manned by officers from the executive organ of the government, and not from the judiciary

21 Administrative Tribunals…….
It is not compulsory to have a lawyer to represent the case, if there is scope for adjustment on the dispute. The decision can be determined by experts on a subject and they don’t have to be judges.

22 Administrative Tribunals…….
Formal rules pertaining to evidence and witnesses are not necessary. There are no complex court procedures

23 Administrative Tribunals…….
Administrative courts are not bound by precedents as they can formulate policy and exercise considerable flexibility to improve standards and procedures

24 Advantages of Administrative Tribunals
The advantages of administrative tribunals are numerous

25 Advantages of ……… One doesn’t have to worry about paying for court fees, legal representation or pleadings. None of this is essential in administrative courts or tribunals

26 Advantages of ……… There are no complex procedures, there will be speedy justice. This system also reduces the burden of pending cases in regular courts

27 Advantages of ……… The weight of expert opinion awards the administrative tribunals with a higher level of professional expertise and transparency

28 Disadvantages of Administrative Tribunals
Administrative tribunals and courts have come under considerable criticism

29 It has limited or non-existent right to appeal
Disadvantages of …… It has limited or non-existent right to appeal

30 Disadvantages of …… It has separate laws and procedures that avoid the celebrated judicial principles followed by regular courts in the country

31 Disadvantages of …… The decisions of administrative tribunals/courts are not documented, preserved or known to the general public

32 Some of Administrative Tribunals in Pakistan
Here are some examples of administrative tribunals in Pakistan: Income Tax Appellate Tribunals Election Tribunals Labor Courts Wage Boards Railway Tribunals Industrial Tribunals Compensation Tribunals

33 Next Topic - State, Citizen and Citizenship/ Nationality/ Forms of Citizenship
Citizenship in Pakistan Grant of Citizenship

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